Welcome to the IntroLend website hosted by Avenu, LLC a Delaware Limited Liability Company (DBA Introlend USA) (hereafter also referred to as "IntroLend," "we" and "us"). Please review the following Terms of Use concerning your use of and access to the IntroLend website located at www.Introlend.com and any services offered therefrom (collectively referred to hereafter as, the "website"). By accessing, using, subscribing, purchasing or downloading any materials or content from the website, you agree to follow and be bound by the following terms and conditions (the "Terms & Conditions") and any other terms and conditions embodied in any other agreements you enter into with us. If you do not agree with the Terms & Conditions, you may not use the website.
The Terms & Conditions together with the Terms of Use and Privacy Policy explain how we operate the website, the ways that you are permitted to use the website, tools, features and services available at the website, and any support services available through use of our website.
We also have a satisfaction guarantee which entitles you to a refund, if you are not satisfied with our product, providing you request a refund prior to your second bill. In some cases, you may have to pay a refundable one-time activation fee to enroll in Membership.
You may cancel this Membership contract at any time during your trial, if applicable, without any penalty or obligation. You may receive a full refund of your first Membership fee by contacting our customer service no later than 30 days after the date of the first Membership fee and requesting a refund. If you were charged a refundable Identity Verification fee at enrollment, you may request a refund of this fee with our customer service. Any partial refund does not automatically waive any further balance owed.
Our product has a monthly Membership fee and we have various plans to choose from. See Membership Options & Pricing to determine which Membership plan best suits your needs. Keep in mind, if you wish to avoid any fees, please cancel your Membership within your trial period (if a trial is applicable to your Membership plan).
Your trial period (if applicable) begins the day you initially enroll in your membership ('signup'). Your billing period will begin once your trial period expires ('Bill Date'). You will be billed once per month on the anniversary of your Bill Date and your services will be renewed each month unless you cancel your membership. If your bill day is not available on a particular month, then you will be billed on the last day of that month.
You may cancel your Membership at any time by (1) using our Notice of Cancellation form below, or (2) logging in to your account, or (3) calling our customer service at (800) 707-2292.
THIS AGREEMENT HAS AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.
YOU MUST READ AND ACCEPT THIS ENTIRE AGREEMENT BEFORE YOU CAN ENROLL AND PURCHASE THIS PRODUCT.
WE DO NOT PROVIDE CREDIT REPAIR ADVICE. WE DO NOT CLAIM THAT WE ARE ABLE TO "CLEAN UP" OR "IMPROVE" YOUR CREDIT RECORD, CREDIT HISTORY OR CREDIT RATING. ANY MENTION OF THE WORD IMPROVE OR GOAL IS COINCIDENCE AND DOES NOT CARRY THE SAME MEANING AS CLEANING UP OR IMPROVING ONE’S CREDIT RATING.
We are a neutral system and we do not instruct, advise, recommend or otherwise encourage you to take Actions directly with your Creditor. You are solely responsible for any Actions you take with your creditors.
Safe Harbor Disclosure: THIS NOTICE IS REQUIRED BY LAW. Read more at FTC.GOV. We are not affiliated with the Annual Credit Report program. Under Federal law, you have the right to receive a free copy of your credit report once every 12 months from each of the three nationwide consumer reporting agencies at AnnualCreditReport.com or 877-322-8228, the ONLY authorized source under federal law.
Please see our Terms of Use for a list of our registered trademarks and issued patents.
INFORMATION STATEMENT ABOUT YOUR MEMBERSHIP
Account Registration
By providing the information requested during our enrollment process, you will be given full access to the site. You must read the Important Consumer Notices and agree to the Membership Terms & Conditions which are shown below. You will also be accepting our Privacy Policy and Terms of Use where you are giving your permission to match you with offers, products and Apps that may be suited for you. We will not share your information with any third party without your express permission. See our Privacy Policy for more information.
Once you enroll in Membership, you may cancel your Membership at any time during your trial (if applicable), without any penalty or obligation. After your trial (if applicable), you agree to pay any accumulated, unbilled charges through the date of your cancellation - at the time of your cancellation.
What if I have Questions?
If you are not a Member or need help enrolling in your Membership, please contact us at (800) 707-2292. You can also go to our web site and click on Contact Us.
For Members, please log in to your account, and then click Contact Us. There you can use our simple form which will help you contact us with your specific needs. For security purposes, we do not accept emails; please just use this form.
If you need to contact us by telephone, please call (800) 707-2292.
MEMBERSHIP OPTIONS AND PRICING
About a trial Membership (if applicable):
About a Free Membership (if applicable):
About Premium and Elite Memberships (if applicable):
We reserve the right to offer you different Membership plans at any time where there is a monthly charge.
Our prices are subject to change at any time. Prior to any price increase, we will give you notice, and you may cancel your Membership if you do not agree to the increase.
When you enroll in Membership, our system may validate your method of payment to verify your identity and check for fraud. If you have not cancelled your Membership, we reserve the right to use an industry standard credit/debit card updater to update your method of payment should your current method of payment be lost, stolen or expired.
If your method of payment for any charges described herein fails, you may lose access to your Membership.
We reserve the right to cancel your Membership without notice, if in our sole and exclusive determination, we find abuse of our system, including, but not limited to: improper enrollment information, false or failed credit cards and frivolous use of product or service offerings.
How does the Cancellation Policy work?
You may cancel your Membership at any time by (1) using our Notice of Cancellation form below, or (2) logging in to your account, or (3) calling our customer service at (800) 707-2292.
Canceling your Membership Account will immediately cease any additional charges. You agree to pay any accumulated, unbilled charges through the date of your cancellation, at the time of your cancellation. You may reactivate your account at any time.
Upon cancellation, you will lose access to the areas of the service designated for Members only and lose access to your data and other benefits. This could include any credit data and analysis that may have been displayed during your Membership.
IMPORTANT CONSUMER NOTICES
Please read the following important consumer notices carefully.
WE ARE REQUIRED BY CERTAIN LAWS TO DISCLOSE THE FOLLOWING: "ONLY THE CREDIT BUREAUS CAN REMOVE OR CORRECT INACCURATE, UNVERIFIABLE, OR OUTDATED INFORMATION, FROM YOUR CREDIT REPORT(S), WHICH HAS NOT BEEN CLAIMED TO BE ACCURATE BY THE CREDITOR WHO SUBMITTED THE INFORMATION TO THE CREDIT BUREAUS. YOU MAY SEEK TO HAVE ANY INACCURATE INFORMATION CORRECTED AND, IF APPROPRIATE, REMOVED BY THE CREDIT BUREAUS TO THE EXTENT REQUIRED UNDER APPLICABLE FEDERAL AND STATE LAWS, INCLUDING THE FAIR CREDIT REPORTING ACT. TO LEARN MORE ABOUT YOUR RIGHTS UNDER THE FAIR CREDIT REPORTING ACT, PLEASE CLICK ON THIS LINK. THEREFORE, IT IS IMPORTANT THAT YOU REALIZE THAT NO ONE (INCLUDING US, OUR PRODUCTS, OR ANY CREDIT REPAIR/CARE SERVICE) CAN REMOVE ACCURATE AND CURRENT INFORMATION FROM YOUR CONSUMER CREDIT PROFILE."
The Federal Trade Commission and some States' Attorneys General regulate creditors, credit bureaus and credit care organizations. As a safe harbor statement, please know: "You have the right to sue a credit services organization if it misleads you."
CONSUMER CREDIT FILE RIGHTS UNDER STATE AND FEDERAL LAW
You have a right to obtain a copy of your credit file from a consumer credit reporting agency. They may charge a reasonable fee not to exceed eleven dollars ($11). There is no fee, however, if you have been turned down for credit, employment, insurance, or a rental dwelling because of information on your credit report within the preceding 60 days. There is also no fee if you certify that you are unemployed and intend to apply for employment during the next sixty (60) days, that you are a recipient of public welfare assistance, or that you have reason to believe that your file at such credit reporting agency contains inaccurate information due to fraud. You also have the right to receive one free copy of your credit report from each consumer credit reporting agency per year at the www.annualcreditreport.com web site.
The credit data provided or requested through our product is not intended to constitute the disclosure of information by a credit reporting agency as required by the Fair Credit Reporting Act or similar laws.
In addition, if you reside in the state of Colorado, Maine, Maryland, Massachusetts, New Jersey, or Vermont, you are entitled to receive a free copy of your credit report once a year and if you reside in the state of Georgia, you are entitled to receive a free copy of your credit report twice a year. Otherwise, a consumer reporting agency may impose a reasonable charge for providing you with a copy of your credit report.
You have a right to dispute inaccurate information by contacting the consumer credit reporting agency directly. However, neither you nor any company or credit services organization has the right to have accurate, current, and verifiable information removed from your credit report. Under the Federal Fair Credit Reporting Act, the consumer credit reporting agency and/or the reporting creditor must remove accurate negative information from your report only if it is over seven years old. Bankruptcy information can be reported for 10 years.
YOU UNDERSTAND ANY ACTIONS YOU MAY TAKE DO NOT GO TO ANY CREDIT REPORTING AGENCY/CREDIT BUREAU, BUT ONLY TO YOUR CREDITOR AS YOU SELECT AND INSTRUCT. IT IS YOUR CREDITOR'S SOLE AND ABSOLUTE DISCRETION TO RESPOND TO YOUR ACTION AS THEY DEEM NECESSARY. YOU ARE NOT REQUIRED TO PURCHASE YOUR CREDIT REPORT FROM US TO COMMUNICATE WITH YOUR CREDITORS. YOU MAY COMMUNICATE DIRECTLY WITH YOUR CREDITORS FOR ANYTHING YOU WISH AT ANY TIME.
If, separately from using our product, you have notified a credit reporting agency in writing that you dispute the accuracy of information in your credit file, the consumer reporting agency must then reinvestigate and modify or remove inaccurate information. The consumer credit reporting agency may not charge a fee for this product. Any pertinent information and copies of all documents you have concerning an error should be given to the consumer credit reporting agency. If reinvestigation does not resolve the dispute to your satisfaction, you may send a brief statement to the consumer credit reporting agency, to keep in your file, explaining why you think the record is inaccurate. The consumer credit reporting agency must include your statement about disputed information in any report it issues about you.
Nonprofit credit counseling services are available, usually without fees, to counsel you as to credit management and/or consolidation. Additionally, many of our product features you may perform on your own, such as our Actions. We are simply a neutral technology allowing consumers to communicate with their Creditors for whatever they need.
The E-Sign Act grants that electronic signatures on documents hold equivalent legal status as traditional handwritten signatures. By completing our online Membership Agreement, you certify that this digital signature is the equivalent of your handwritten signature. Also, you, agree that you have read and understand all of the Membership Terms & Conditions, Terms of Use, our Privacy Policy and our Information Statement About Your Membership, and you agree to and do sign each section of this Membership Terms contract with your digital signature.
/_/ I agree to all Terms. I received my Consumer Rights and Information Statement. Prior to your registration as a Member, you will be required to check an on-line confirmation box confirming your agreement.
MEMBERSHIP TERMS & CONDITIONS
Please read these terms carefully before joining as a Member.
1. BY ACCEPTING THESE TERMS, YOU ARE ENTERING INTO A CONTRACT WITH IntroLend ("We", "Us", "Our") AND YOUR MEMBERSHIP ACCOUNT IS ACCESSIBLE AT www.introlend.com AND YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF MEMBERSHIP.
You certify that you are at least 18 years of age, a legal resident of the United States and this account will be used for your own, personal purposes. If you are married, your spouse must apply for a separate account. To process the Membership application, you must provide the personal information requested in our registration signup process. You certify that the information provided to us is accurate and complete. By enrolling in our Membership, you are agreeing that you have read and understand our Privacy Policy, Terms of Use, Information Statement About Your Membership, as well as these Membership Terms and Conditions. These are all incorporated into this agreement by reference.
You certify that you have read and understand the important Consumer Notices set forth above.
Our Products may require that we provide your identifying information to third parties who will provide credit or identity data to us for some of our product features. Please see "Third Party Terms" below for more information.
You agree not to impersonate another person or to select or use a user name or password of another person. You agree to notify us promptly of any unauthorized use of your account and of any loss, theft or disclosure of your password. Failure to comply with these requirements shall constitute a breach of these terms and conditions and shall constitute grounds for immediate termination of your Membership account and your right to access our products.
Your online access to your consumer credit report data is subject to verification of your identity. You also agree and understand that Credit Manager is not a credit report as traditionally known or viewed. Credit Manager is entirely different. It contains additional data and formatting that is not similar to a traditional credit report, it cannot be printed, and it is used primarily as a communications medium for consumers to communicate directly with creditors.
2. Membership Plan Selection.
This contract is a monthly Membership. We offer several Membership options and pricing plans. When you register, you must select a Membership plan. If you are registering for a plan based on a special offer, you must complete the registration process prior to the expiration of that offer. You understand and agree to be bound by any requirements of the Membership plan you choose.
During the term of this Agreement (and upon payment of appropriate Membership fees), we grant you a personal, nontransferable, nonexclusive license to use the product and the information included therein.
We reserve the right to cancel your Membership without notice, if in our sole and exclusive determination, we find abuse of our system, including, but not limited to: improper enrollment information, false or failed credit cards, and frivolous use of product or service offerings.
3. Membership Trial, if applicable
If you have a Trial Membership, your trial period will be displayed during your signup process, prior to you becoming a Member.
Immediately upon your becoming a Member, you will have access to the Membership, as described above per the Membership plan you choose. At the end of your trial period (if applicable) and if you have not cancelled your Membership, you will be charged your Membership fee according to the Membership plan you selected. If you are in a trial period, your billing period will begin once your trial period expires ('Bill Date'). For those who are not on a trial period, your billing period begins on the day you enroll ('Bill Date'). You will be billed once per month on the anniversary of your Bill Date and your services will be renewed each month unless you cancel your membership. If your bill day is not available on a particular month, then you will be billed on the last day of that month.
If you have a trial period, you will get full access to all the features of our product. However, the total number of Credit Score updates may be limited.
4. Fees and Charges, Billing Terms of Membership
At the end of your trial period (if applicable) and if you have not cancelled your Membership, you will be charged your Membership fee according to the Membership plan you selected. Your billing period will begin once your trial period expires ('Bill Date'). You will be billed once per month on the anniversary of your Bill Date and your services will be renewed each month unless you cancel your membership. If your bill day is not available on a particular month, then you will be billed on the last day of that month.
We may, in our sole discretion, offer, amend or remove any of our Membership plans. Membership fees are also subject to change. During the term of this Agreement, we will alert you to additions or changes in Membership or fees via email. You may decide not to accept these changes and cancel your Membership without obligation.
You authorize us to be your official payment-processing agent to collect payment by automatic credit card or debit card for products rendered. You agree to keep your payment information current during the term of this Agreement. We reserve the right to send defaulted monetary obligations by you, the Member, to collections, which may result in a negative credit report rating and fees associated with collection. Should your method of payment be declined, you agree that we may reasonably reattempt your method of payment again after we send you an email notice stating your method of payment has been declined. We reserve the right to cancel your Membership for unsuccessful payment attempts on your method of payment.
5. Terms of Termination/Cancellation Policy
This Agreement shall run from the date you register as a Member of our products until terminated by either you or us as described below.
You may terminate this Agreement as follows:
You may cancel this Membership contract at any time during your trial, if applicable, without any penalty or obligation.
You may cancel this contract at any time by giving us notice of your intent to cancel. You will only be charged for that portion of your Membership that you have used.
You may also cancel your Membership at any time, by giving us notice, if we inform you of a price increase or other material change in the product terms or benefits. You will only be charged for that portion of your Membership that you have used.
We may terminate this Agreement (and cancel your Membership) at any time for any reason. We may terminate this Agreement (and cancel your Membership) immediately and without notice if we suspect that you are violating the terms of this Agreement or using our product inappropriately.
6. Third Party Terms
Some of the data within our products may involve third parties, such as the consumer credit reporting agencies (credit bureaus). We primarily use TransUnion to obtain credit and identity data. You understand and agree that your access to and use of our products may be subject to restrictions imposed by these third parties. Additionally, you understand and agree that these third parties may need to collect additional personal information from you in order to verify your identity and provide you access to your information. You agree to comply with all third party terms and restrictions for which you receive notice, whether such notice is provided in writing or given online, and such restrictions are incorporated herein by reference.
We offer no assurances of the accuracy or timeliness of any information we obtain from a third party. Nor any guarantee that we are able to transform this data into our products properly.
IN THE EVENT OF ANY CONFLICT BETWEEN THIS AGREEMENT AND THE THIRD PARTY TERMS AND RESTRICTIONS, THEN THE THIRD PARTY TERMS AND RESTRICTIONS WILL APPLY.
As part of your Essential, Premium, or Elite membership plan, you will be able to enroll in an Experian product that provides identity theft protection and 3-Bureau credit data. By signing up for this Experian product you understand and agree to the following terms:
YOU UNDERSTAND THAT BY ACCEPTING THESE TERMS AND CONDITIONS YOU ARE PROVIDING “WRITTEN INSTRUCTIONS” TO CSIDENTITY CORPORATION AND ITS EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, CONTRACTORS, THIRD PARTY DATA AND SERVICE PROVIDERS, AND ALL OTHER CREDIT REPORTING AGENCIES UNDER THE FAIR CREDIT REPORTING ACT (FCRA), AS AMENDED, INCLUDING EXPERIAN, TRANSUNION, EQUIFAX AND AFFILIATED ENTITIES, TO ACCESS YOUR CREDIT FILES FROM EACH NATIONAL CREDIT REPORTING AGENCY AND TO EXCHANGE INFORMATION ABOUT YOU WITH EACH NATIONAL CREDIT REPORTING AGENCY IN ORDER TO VERIFY YOUR IDENTITY AND TO PROVIDE THE SERVICES TO YOU. YOU AGREE AND HEREBY AUTHORIZE CSIDENTITY CORPORATION TO PROVIDE YOUR PERSONALLY IDENTIFIABLE INFORMATION (OR, IF APPLICABLE, INFORMATION ABOUT ANY MINOR CHILDREN YOU HAVE ENROLLED) TO THIRD PARTIES AS PROVIDED IN OUR PRIVACY POLICY, AS MAY BE AMENDED FROM TIME TO TIME, IN ORDER TO PROVIDE THE SERVICES TO YOU (AND TO THOSE CHILDREN YOU HAVE ENROLLED). YOU FURTHER AUTHORIZE CSIDENTITY CORPORATION TO OBTAIN INFORMATION AND REPORTS ABOUT YOU (OR ABOUT ANY CHILDREN YOU HAVE ENROLLED, IF APPLICABLE) IN ORDER TO PROVIDE THE SERVICES, INCLUDING, BUT NOT LIMITED TO, CREDIT MONITORING SERVICES, CREDIT REPORTING, IDENTITY MONITORING, FRAUD RESOLUTION SERVICES, RESTORATION SERVICES, ADDRESS HISTORY REPORTS, NAME AND ALIAS REPORTS, CRIMINAL REPORTS OR SEX OFFENDER REPORTS, AND TO PROVIDE MONITORING AND ALERTS.
7. Grant of Limited Power of Attorney
You, the Member, hereby grant IntroLend, its employees, agents, subcontractors and assigns, a specific, limited power of attorney, granting such authority necessary to provide our stated products to you, and to use the information contained in your personal credit profile and/or other creditor/sources of information to acquire your credit data, including, but not limited to, credit reports, scores, identification products, monthly credit report monitoring products and profiles so that we may provide current and future products to you.
You further grant to IntroLend full power and authority to submit every act initiated by you in the exercise of any of the powers granted hereunder as fully as you might or would authorize if you were personally present, with full power of substitution and revocation, hereby ratifying and confirming all such acts undertaken within the authority of this power of attorney that are lawfully done or caused to be done.
IntroLend, in its professional judgment, shall have sole discretion in determining the specific acts necessary to accomplish the purpose of this Agreement and may also include written and oral communications on your behalf with various agencies and entities such as, but not limited to, sources of reporting, creditors and collection agencies sharing credit information relating to you, the Member, so we can acquire your credit information for your use. You specifically grant to IntroLend the right to engage in such an exchange of information on your behalf with the various agencies and entities disseminating credit data regarding you, the Member.
8. Disclaimer of Warranties and Liability, & Indemnification
OUR PRODUCT AND INFORMATION PROVIDED HEREIN, INCLUDING ALL CONTENT, MEMBERSHIPS AND PRODUCTS, ARE PROVIDED TO YOU "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE PERFORMANCE OF THE PRODUCT, THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PROVIDED TO YOU VIA THE PRODUCT, INCLUDING (WITHOUT LIMITATION) ANY CREDIT DATA, CREDIT SCORING, CREDIT SCORING & SAVING CALCULATOR, THE INFORMATION IN OUR CREDIT SEARCH ENGINE OR ANY ACTIONS OR ALERTS. ADDITIONALLY, WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RESPONSE THAT YOU WILL GET FROM CREDITORS OR OTHERS TO THE ACTIONS YOU TAKE. ADDITIONALLY, WE ARE NOT RESPONSIBLE FOR DETERMINING IF THE ACTIONS YOU REQUEST ARE APPROPRIATE OR REASONABLE. YOU HEREBY ASSUME FULL RESPONSIBILITY FOR ALL ACTIONS TAKEN BY YOU WITH YOUR ACCOUNT(S). YOU UNDERSTAND THAT OUR PRODUCT IS NOT ENGAGED IN RENDERING LEGAL, CREDIT COUNSELING OR OTHER PROFESSIONAL SERVICES. IF LEGAL OR OTHER EXPERT ASSISTANCE IS REQUIRED, THE SERVICES OF AN APPROPRIATE PROFESSIONAL SHOULD BE SOUGHT.
YOU SPECIFICALLY AGREE THAT WE WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY CAUSED IN WHOLE OR IN PART BY OUR NEGLIGENCE IN PREPARING OR PROCESSING YOUR ACTIONS OR OTHERWISE PROVIDING ANY PRODUCTS HEREUNDER INCLUDING, WITHOUT LIMITATION, ANY LOSS, DAMAGE OR INJURY CAUSED BY (I) TRANSMISSION OF INCORRECT OR INCOMPLETE DATA; (II) ERRORS IN INFORMATION IN THE PRODUCT, CREDITOR SEARCH ENGINE OR OTHER INFORMATION PROVIDED VIA THE PRODUCT; (III) THE ACTIONS OF ANY THIRD PARTIES, INCLUDING (WITHOUT LIMITATION) THE LOSS OR REJECTION OF YOUR ACTIONS; (IV) A CHANGE IN YOUR CREDIT SCORE, CREDIT CAPACITY OR CREDITWORTHINESS BASED ON ACTIONS TAKEN; (V) REJECTIONS OF ACTIONS DUE TO ANY THIRD PARTY'S REFUSAL TO ACCEPT A DOCUMENT EXECUTED PURSUANT TO A POWER OF ATTORNEY; (VI) ACTIONS OF THIRD PARTY SERVICE PROVIDERS USED TO PREPARE, TRANSMIT AND/OR PROCESS ACTIONS OR DOCUMENTS FOR US; OR (VII) ANY INAPPROPRIATE ACTIONS REQUESTED BY YOU.
WE ARE NOT AN INSURER WITH REGARD TO PERFORMANCE OF THE PRODUCT, THE INFORMATION PROVIDED VIA THE PRODUCT, OR THE ACTIONS TAKEN BY YOU. THE DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY AND REMEDY ARE A REFLECTION OF THE RISKS ASSUMED BY THE PARTIES. YOU AGREE TO ASSUME THE RISK FOR:
ALL LIABILITIES DISCLAIMED BY US CONTAINED HEREIN; AND (II) ALL ALLEGED DAMAGES IN EXCESS OF THE AMOUNT OF THE LIMITED REMEDY PROVIDED HEREUNDER. THE ESSENTIAL PURPOSE OF THE LIMITED REMEDY PROVIDED HEREUNDER IS TO ALLOCATE THE RISKS AS PROVIDED ABOVE.
YOU HEREBY AGREE THAT INTROLEND AND ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, EMPLOYEES, INFORMATION PROVIDERS, AFFILIATES, LICENSORS AND LICENSEES (COLLECTIVELY, "INTROLEND") SHALL NOT BE RESPONSIBLE FOR ANY AND ALL LIABILITY, LOSS AND COSTS INCURRED BY YOU IN CONNECTION WITH ANY ACCESS TO YOUR INFORMATION RESULTING FROM THE USE OF YOUR USER ID AND PASSWORD OR YOUR FAILURE TO ADEQUATELY PROTECT YOUR IDENTITY OR USER ID AND PASSWORD.
INTROLEND IS NOT RESPONSIBLE FOR ANY OVERDRAFT/OVER-THE-LIMIT CHARGES OR BANK FEES TRIGGERED BY OUR PRODUCT FEES BEING PROCESSED OR BILLED.
9. Arbitration and legal remedies
THIS SECTION IS AN AGREEMENT TO ARBITRATE DISPUTES THAT MAY ARISE OUT OF YOUR USE OF OUR PRODUCTS. DO NOT ENROLL IN MEMBERSHIP OR OTHERWISE USE OUR PRODUCTS IN ANY WAY IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT.
YOU AGREE AND UNDERSTAND THAT YOU WILL HAVE NO OTHER LEGAL REMEDY, EXCEPT SMALL CLAIMS COURT, SHOULD YOU HAVE A CLAIM AGAINST US. THIS MEANS YOU AGREE TO ARBITRATE "ALL" DISPUTES AND CLAIMS BETWEEN US AND THAT THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE BROADLY INTERPRETED. IT INCLUDES, BUT IS NOT LIMITED TO:
References to www.introlend.com, IntroLend and us includes subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Trade Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and IntroLend/introlend.com are each waiving the right to a trial by jury or to participate in a class action forever. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
In the event we are found liable for any cost or damage suffered by you, the liability of IntroLend and its employees and agents shall be limited to the Membership and/or Action fees associated with the particular Action in question. The remedies set forth in this paragraph and termination of this Agreement as specified above are your exclusive remedies for claims or damages arising out of or relating in any way to this agreement or the products provided hereunder. To the extent permitted by law, our liability for any claim of any kind relating to this agreement or the products provided hereunder shall not exceed the amount paid by you to us for our products during the preceding twelve (12) months.
IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
YOU UNDERSTAND AND AGREE THAT NO CLAIM, DISPUTE OR CONTROVERSY MAY BE CONSOLIDATED WITH A DISPUTE OF ANY OTHER PERSON IN ARBITRATION, OR RESOLVED ON A CLASS-WIDE BASIS BY A CLASS ACTION OR OTHER PROCEEDING AND YOU HEREBY WAIVE YOUR RIGHT TO COMMENCE OR PARTICIPATE IN ANY SUCH COLLECTIVE OR REPRESENTATIVE PROCEEDING. Unless a different procedure is required by applicable law, the arbitration will be conducted before a single arbitrator in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA's Supplementary Procedures for Consumer-Related Disputes.
A demand for arbitration under this Arbitration Agreement may be made either before or after a lawsuit or other legal proceeding begins. However, any demand for arbitration that is made after a lawsuit or other legal proceeding has begun must be made within 90 days following the service of a complaint, third-party complaint, cross-claim or counterclaim or any answer thereto or any amendment to any of the above.
You understand and agree that before you take a dispute to arbitration under this Agreement, you must first contact our customer account representatives and give us an opportunity to resolve this dispute. Information about the arbitration process and the AAA's arbitration rules and its fees are available from the AAA on the Internet at http://www.adr.org.
The cost of any arbitration proceeding shall be split between You and Us. You will pay one half of the filing fee, or $125.00, whichever is less, when the demand for arbitration is made.
Notwithstanding the foregoing, if you believe the cost of arbitration may be too burdensome, you may seek a waiver of the filing fee under the applicable arbitration rules. If you seek, but not qualify for such waiver, we will consider a written request from you to advance all or part of the filing fee.
The arbitration will be based only on the written submissions of the parties and the documents submitted to the AAA relating to the dispute, unless either party requests that the arbitration be conducted using the AAA's telephonic, online, or in-person procedures (additional charges may apply for these procedures).
BECAUSE YOUR PURCHASE AND USE OF OUR PRODUCT REQUIRES THAT YOU CONSENT TO ARBITRATION OF YOUR CLAIMS OR DISPUTES, YOU WILL NOT HAVE THE RIGHT TO PURSUE YOUR CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTIVE PROCEEDING, EXCEPT FOR SMALL CLAIMS COURT. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF THAT PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
10. General Terms
(a) You understand that we are providing you a Product and not a Service and that our Product fees are only for Credit Monitoring and Credit Scores. You understand that if you wish to avoid any fees, you must cancel your Membership within your trial, providing you have a trial. You understand that you may cancel at any time without any further obligation.
(b) Any dispute arising hereunder or related to products provided by us shall be resolved according to the laws of the State and County of Defending Party, without regard to conflict of law.
(c) Jurisdiction and Venue shall be 'exclusively and only' in the State and County of Defending Party. If you need to serve us with process or demand for Arbitration, the name and address of our agent for service of process is: Avenu Technologies, Inc. DBA 6629 S. 1300 E. Suite 4. Salt Lake City, UT 84121.
(d) All notices required or permitted hereunder shall be in writing and sent via our on-line contact us form in our help center of our web site or mailed to IntroLend - 12121 6629 S. 1300 E. Suite 4. Salt Lake City, UT 84121
(e) We reserve the right at any time and without prior notice to you to change the product's available hours of operation or to limit your access to the product in order to perform repairs, make modifications or as a result of circumstances beyond our reasonable control.
(f) The terms and conditions set forth in this Agreement constitute our entire agreement relating to the subject matter hereof, and any additional or different terms or conditions set forth in any other document, including without limitation any correspondence or purchase order, shall be of no effect.
(g) If any portion of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and carried into effect, to the fullest extent permissible. Any rights not expressly granted herein are reserved.
(h) From time to time we may revise these terms and conditions. Revisions will be effective when posted or as otherwise stated with notice to you. Additional terms and conditions may apply to specifics of our Memberships, Products or to participate in our affiliate program, contests or surveys.
(i) You represent that you have read these terms and conditions and that you understand these terms, and agree and intend to be legally bound by them. You acknowledge that, in providing you access to and use of the product and your Membership, IntroLend is relying on your agreement to be bound by the terms of this agreement.
11. The Federal E-Sign Act (HR-1714) on Final Digital Signature
The E-Sign Act grants that electronic signatures on documents hold equivalent legal status as traditional handwritten signatures. By completing our online Membership Agreement, you certify that this digital signature is the equivalent of your handwritten signature. Also, you, agree that you have read and understand all of the Membership Terms & Conditions, Terms of Use, our Privacy Policy, Consumer Statements, your Limited Grant of Power of Attorney and our Information Statement About Your Membership, and you agree to and do sign each section of this Membership Terms contract with your digital signature.
You, the buyer, may cancel this contract at any time prior to midnight of the fifth day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right.
/_/ I agree to all Terms. I received my Consumer Rights and Information Statement. Prior to your registration as a Member, you will be required to check an on-line confirmation box confirming your agreement.
NOTICE OF CANCELLATION
You may cancel this contract, without any penalty or obligation, within five days from the date the contract is signed.
To cancel this contract, simply log in to your account at www.introlend.com.
Or, alternatively, you may also cancel this contract by mail. Please deliver a signed and dated copy of this cancellation notice, or any other written notice, to: IntroLend - 6629 S. 1300 E. Suite 4. Salt Lake City, UT 84121 postmarked within your trial period.
[ ] I hereby cancel my contract, and am within my five-day right to cancel.
or
[ ] I hereby cancel my contract.
Print Name________________________________________________ [required]
User Name_________________________________________________ [required]
Email you used to sign up________________________________ [required]
Date of Birth_____________________________________________ [required]
Telephone (may be used to verify your identity and your intent to cancel) (_____) ____________
Reason for cancellation_____________________________________________
Signature [required]:__________________________________________ Date:___________
Please print the above cancellation notice form, complete, sign, date it and mail to IntroLend - 6629 S. 1300 E. Suite 4. Salt Lake City, UT 84121
12. Notice for Users in California
This notice is for users of the website residing in the State of California. Please be advised that the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be reached by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (800) 952-5210.